Our team has unsurpassed experience in counseling and defending U.S. and foreign companies and individuals in matters relating to the U.S. Foreign Corrupt Practices Act and similar anti-corruption laws. We are frequently contacted when a potential corruption issue arises, and are go-to counsel for investigations and enforcement proceedings before the U.S. Department of Justice (DOJ), the Securities & Exchange Commission (SEC) and the Multilateral Development Banks, including the World Bank. In addition, we advise clients considering transactions in high-risk markets or with business partners with high anti-corruption risks. We also counsel clients who are designing compliance programs and in conducting risk assessments.

Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate resolution penalties in cases involving penalties imposed by more than one regulator or law enforcement authority.

See Also

Litigation partner Alex Oh's article, “The ‘Human’ Side of FCPA Compliance: How to Best Work With HR in the Current Global Enforcement Environment” appeared in the March 7 issue ofThe Anti-Corruption Report.

See Also

What makes an effective corporate compliance program? And how do regulators evaluate them? The U.S. Department of Justice recently issued guidance on evaluating the effectiveness of corporate compliance programs in criminal investigations.

Despite significant FCPA enforcement activity in 2017, the Trump administration’s approach to enforcement remains elusive and not readily characterized. While actions against individuals were at the highest level in recent years, corporate resolutions declined from last year’s record-breaking numbers, falling back within the range of such numbers over the last several years.

See Also

Paul, Weiss represented JPMorgan in connection with its recent
resolutions with the U.S. Department of Justice, the Securities and
Exchange Commission and the Federal Reserve relating to
investigations of JPMorgan's hiring candidates referred by clients,
potential clients and government officials in the Asia-Pacific
region.

See Also

Paul, Weiss, Rifkind, Wharton & Garrison LLP announced today that Peter Jaffe has joined the firm as counsel in its Washington, D.C. office, expanding the firm's deep bench of skilled United States Foreign Corrupt Practices Act (FCPA) practitioners and its global anti-corruption capabilities.

See Also

On April 5, 2016, the U.S. Department of Justice ("DOJ")
released an FCPA "Enforcement Plan and Guidance" memorandum
announcing a one-year pilot program that is designed to
"motivate[e] companies to voluntarily self-disclose FCPA-related
misconduct, fully cooperate with the Fraud Section, and, where
appropriate, remediate flaws in their controls and compliance
programs."

On October 12, 2018, Brian A. Benczkowski, the Assistant Attorney General for the Criminal Division, announced new guidance (the “Benczkowski Memorandum”) setting forth a “pragmatic approach to monitorships,” highlighting the factors…

On September 27, 2018, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) announced coordinated enforcement resolutions with Petróleo Brasileiro S.A. – Petrobras, the Brazilian state-owned…

Ten years after the collapse of Lehman Brothers, market participants and other global companies operate in a markedly changed regulatory enforcement and compliance landscape. This memorandum discusses the legal and business…

On August 24, 2018, the Court of Appeals for the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt…

On June 21, 2018, the Supreme Court held in Lucia v. SEC, No. 17-130, that the process by which the Securities and Exchange Commission (SEC) selects administrative law judges (ALJs) violates the U.S. Constitution.

On June 11, 2018, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __ (2018), that the class action tolling rule established more than four decades ago does not extend to successive class actions filed …

On June 4, 2018, the U.S. Department of Justice (“DOJ”) announced a pair of Foreign Corrupt Practices Act (“FCPA”) resolutions, one involving Paris-based Société Générale S.A. (“Société Générale”) and its wholly-owned subsidiary, SGA…

Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate…

Litigation partner Mark Mendelsohn will participate in a roundtable discussion, “The New Corporate Enforcement Policy in Practice: What Changes, What Stays the Same in Your Disclosure Calculus and Investigation Management” at the…

The SEC recently announced a settlement against an Israel-based company and its majority-owned indirect subsidiary, alleging violations of the internal accounting controls and books and records provisions of the Foreign Corrupt…

Litigation partner Alex Oh's article, “The ‘Human’ Side of FCPA Compliance: How to Best Work With HR in the Current Global Enforcement Environment” appeared in the March 7 issue ofThe Anti-Corruption Report.

On February 1, litigation partner Jessica Carey and counsel Peter Jaffe will participate in a conference on anticorruption hosted by the International Chamber of Commerce at Universidad Panamerica in Mexico.

Despite significant FCPA enforcement activity in 2017, the Trump administration’s approach to enforcement remains elusive and not readily characterized. While actions against individuals were at the highest level in recent years,…

The Department of Justice recently announced a new FCPA Corporate Enforcement Policy, which states that when a company voluntarily self-discloses misconduct, fully cooperates, and timely and appropriately remediates, there will be a…

President Trump announced that he will not certify Iran’s compliance with the Joint Comprehensive Plan of Action, the multi-lateral commitment under which the United States, European Union, and five other countries agreed to lift…

U.S. authorities recently announced the first major FCPA settlement under the Trump administration: a $965 million global resolution with a Sweden-based telecommunications company Telia Company AB and its indirectly-owned Uzbek…

On September 21, President Trump signed an executive order authorizing the Treasury Department to impose secondary sanctions against individuals and entities, including non-U.S. financial institutions, for conducting or facilitating…

The New York State Department of Financial Services (DFS) recently announced that it seeks to impose a nearly $630 million civil penalty against a non-U.S. bank and its New York branch for alleged persistent anti-money laundering and …

For the second time in two years, a federal appeals court has rejected a district court’s attempt to scrutinize a deferred prosecution agreement. The July 12 decision in U.S. v. HSBC Bank resolves, at least in the Second Circuit, the…

The U.S. Department of Justice recently declined to prosecute two U.S. subsidiaries of a German chemical company while requiring them to disgorge profits from the allegedly corrupt scheme, the third declination requiring disgorgement…

On June 5, the Supreme Court unanimously held that SEC claims for disgorgement are governed by a five-year statute of limitations. The Court rejected the SEC’s position that the claims are not subject to time limits. The decision…

What makes an effective corporate compliance program? And how do regulators evaluate them? The U.S. Department of Justice recently issued guidance on evaluating the effectiveness of corporate compliance programs in criminal…

The Department of Justice recently released guidance on the Evaluation of Corporate Compliance Programs containing 119 questions the Fraud Section may ask in the context of an investigation. As we describe in this memorandum, the…

Counsel Peter Jaffe was quoted in a Global Investigations Review “Just Anti-Corruption” article addressing a new set of questions the U.S. Department of Justice may ask when evaluating the strength of a company’s compliance program.

Economic sanctions, anti-money laundering and cybersecurity remain at the forefront of U.S. regulatory priorities. In this memorandum, we survey major developments and trends in these areas in 2016 and early 2017 and provide an…

Following on the heels of a record-breaking enforcement year,1
the Department of Justice and the Securities and Exchange
Commission continued their FCPA enforcement activities at a
breakneck pace in December 2016 and January…

Enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) and
other international anti-corruption laws is increasing
dramatically. In 2016 alone, DOJ and the SEC collected a
record-shattering total of nearly $2.5 billion to…

Paul, Weiss has announced that three new partners have been elected to the partnership, effective January 1, 2017: David M. Klein, Brian C. Lavin and Richard C. Tarlowe. All are resident in Paul, Weiss's New York office.

On October 24, 2016, U.S. authorities announced that Brazilian
aircraft manufacturer Embraer SA agreed to pay more than $205
million to resolve violations of the Foreign Corrupt Practices
Act's anti-bribery, books and records and …

As the end of their fiscal years approached on September 30, the Department of Justice and Securities and Exchange Commission announced a number of resolutions, underscoring their pronouncements that "vigorous enforcement" of…

On September 15, 2016, U.S. and Dutch authorities presented
Telia Company AB, a global telecommunications company partially
owned by the Swedish government, with a proposed settlement offer
requiring Telia to pay $1.4 billion to…

On August 30, 2016, the U.S. Department of the Treasury, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of…

On June 30, 2016, following a two-day high-level mission to
Tokyo, Japan to meet with senior government officials and
representatives, the Organization for Economic Cooperation and
Development ("OECD") Working Group on Bribery in …

Firm chair Brad Karp and litigation partners Roberto Gonzalez,
Michael Gertzman, Jessica Carey and Roberto Finzi co-authored a
client memorandum that was featured on the Harvard Law School
Forum on Corporate Governance and…

Litigation partners Mark Mendelsohn and Alex Oh co-authored a client memorandum, titled "DOJ Declination Letters and the FCPA," that was featured on The Harvard Law School Forum on Corporate Governance and Financial Regulation…

Following Maria Vullo's confirmation as Superintendent earlier this month, the New York Department of Financial Services ("DFS") yesterday finalized its closely watched proposed regulation on anti-money laundering (AML) monitoring and …

The Department of Justice has publicly released its first
declination letters since the launch of its FCPA Pilot Program two
months ago. The letters were sent to two companies, home-security
and thermostat systems-maker Nortek,…

On March 23, 2016, the U.S. Securities and Exchange Commission
("SEC") announced a settlement with Novartis AG ("Novartis")
regarding alleged violations of the books and records and internal
accounting controls provisions of the…

On February 16, 2016, the Securities and Exchange Commission and
the Department of Justice announced settled parallel enforcement
and criminal actions against Massachusetts-based technology company
PTC, Inc. and its two…

On February 4, 2016, the U.S. Securities and Exchange Commission ("SEC") announced a settled enforcement action against U.S. pharmaceutical company SciClone Pharmaceuticals, Inc. ("SciClone"), alleging violations of the anti-bribery…